The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The Defendant was a juristic person established for the purpose of automobile transportation business, etc., and around August 21, 1994, around 30, around 1994, the Defendant violated the Defendant’s business by refusing to comply with the public official’s demand for relay service while operating the Defendant’s employees B 11 ton truck in the national highway 34 lines located in Ycheon-gun, Ycheon-gun, Ycheon-gun, Ycheon-gun, Ycheon-gun,

2. The prosecutor of the judgment applied Article 86 and Article 84 subparagraph 2 of the former Road Act (amended by Act No. 4545 of Mar. 10, 1993 and amended by Act No. 4920 of Jan. 5, 1995; hereinafter the same) to the facts charged in this case against the defendant, and the summary order was issued and confirmed as they are.

However, the Constitutional Court rendered a decision that “if an agent, employee, or other worker of a corporation commits an offense provided for in Article 84(2) in connection with the business of the corporation, a fine provided for in Article 84(2) of the former Road Act shall also be imposed on the corporation” in Article 86 of the former Road Act, which was applied to the defendant by the en banc Decision 2010Hun-Ga18, October 25, 2012, the said provision of the Act retroactively loses its effect pursuant to the proviso of Article 47(2) of the Constitutional Court

On the other hand, where the penal law or the legal provision becomes retroactively effective due to the decision of unconstitutionality, the defendant's case which was prosecuted by applying the pertinent provision shall be deemed to constitute a crime.

(2) Article 325 of the Criminal Procedure Act provides that “The charges of this case against the defendant shall not be charged as a crime” (see, e.g., Supreme Court Decision 2004Do9037, Apr. 15, 2005). Thus, since the facts charged against the defendant constitute a crime, the defendant shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure